Md Dikhush @ Md Dilkash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17091 of 2023 Arising Out of PS. Case No.-302 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== MD DIKHUSH @ MD DILKASH SON OF MD JAHANGIR RESIDENT OF VILLAGE MAULANACHAK, BADRE ALAMPUR, KARORI BAZAR, PS HABIBPUR, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code and Charge-sheet has been submitted u/s 395 of the IPC. As per prosecution case, the informant is a Senior Officer, Aministration BWWL, Bhagalpur, who is working for cleaning the Ganges under National Mission, while the work was going at Suryalok Complex regarding pipe fittings etc. After, completing the daily work labourers were returning to

Patna High Court CR. MISC. No.17091 of 2023(2) dt.11-05-2023 2/3 base camp, 3-4 unknown persons came near the tractor with weapons and assaulted the workers and snatched four mobile phones of four named workers, cash of Rs. 2500/- along with other articles and damaged the tractor.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. Petitioner was initially arrested on the basis of suspicion by the police and thereafter, he was forced to sign on a plain paper, which was converted into his self confessional statement, which has got no evidentiary value in the eyes of law. No incriminating/robbed article has recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 25.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.-

Patna High Court CR. MISC. No.17091 of 2023(2) dt.11-05-2023 3/3 1st Class, Bhagalpur in connection with Mouzahidpur P.S. Case No. 302 of 2022.

(Sunil Kumar Panwar, J) arish/- U T